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THERE MUST BE A CHARGE FOR PROSECUTION OF A CRIME

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In the case in hand, the learned trial judge did compel the appellants to choose either the witness box or the dock and it is significant that they all chose the witness box. This of course is an outrage on our criminal procedure for the learned trial judge had in the circumstances, with a witness in the witness box and without any other prosecutor, assumed that role in a most irregular inquisition, which is most undignified of a judge of a superior court. At the end of his ruling the learned trial judge stated that he found the appellants guilty but there was no charge and it is manifest that the judge did not deal as he should have dealt with the appellants’ brevi manu by asking them into the dock to show cause why they should not be punished for contempt of court and punishing them accordingly.

– GEORGE BAPTIST AYODOLA COKER, J.S.C. A.U. Deduwa & Ors. v. The State (1975)

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INGREDIENTS TO SUCCEED IN A CHARGE MURDER

For the prosecution to succeed in a charge of murder, it must prove the following ingredients. 1. That the death of the deceased was a result of the voluntary act of the accused; 2. That the accused had an intent to cause the death or cause grievious bodily harm to the deceased; 3. That the...

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DISCRETION OF ATTORNEY GENERAL IN TAKING OVER CHARGE

The prosecutorial powers of the office of the Attorney-General of any State in the Federation, by dint of Section 211 of the 1999 Constitution, as amended, include taking over, at any stage, the case and the case file from the police and filing an information in the High Court in respect of any offence which,...

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ONLY A CHARGE CREATED BY A COMPANY REQUIRES REGISTRATION

It has been held that it is only charges to secure money that are registrable, so a charge which, if granted by an individual, would require registration under the Bills of Sale Act, 1882, will not necessarily be registrable if granted by a company. See Stoneleigh Finance Ltd. v. Phillips (1965) 2 QB 537. And...

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ABSENCE OF A FORMAL CHARGE FILED IN A DISCIPLINARY PANEL DOES NOT NULLIFY THE PROCEEDING WHERE FAIR HEARING HAS BEEN OBSERVED

In Okike v L.P.D.C (No. 2) (2005) 7 SC (Part 111) 75 at pages 93, 113 and 116 as follows, Per Musdapher, JSC: “In my view, the word ‘charges’ used under the rule does not mean and cannot mean formal charges in a criminal trial before a criminal court . . . Therefore what needs...

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WHAT IS A CHARGE?

A charge is the appropriation of real or personal property for the discharge of a debt or other obligation, without giving the creditor either a general or special property in, or possession of, the subject of the security. The creditor has a right of realization by judicial process in case of non-payment of the debt....

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WITHDRAWAL OF CHARGE CAN BE DONE AT ANY TIME BY THE PROSECUTION

On the other hand, withdrawal of charge, does not amount to acquittal as rightly held by the lower Court. The prosecution always has the power to withdraw any charge it had filed earlier before a Court against an accused person. That withdrawal may be done for purpose of abandonment of the charge or for whatever...

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